Colo. Rev. Stat. § 22-55-102

Current through 11/5/2024 election

Section 22-55-102 - Definitions

As used in this article 55, unless the context otherwise requires:

(1) "Accountability reporting" means any requirement established in law that mandates school districts to report or provide information relative to school improvement to the state board or the department, including, but not limited to:

(a) Data collection and reporting requirements that are required pursuant to part 5 of article 11 of this title in connection with school performance reports;

(b) Reporting requirements in connection with the administration of state assessments pursuant to section 22-7-1006.3; or

(c) Requirements specified in the "Education Accountability Act of 2009", article 11 of this title.

(2)

(a) "Accountable education reform" means any program or plan for reforming preschool through twelfth-grade education in the state that complies with accountability standards imposed by law on school districts in the state, including, but not limited to, the requirements set forth in:

(I) Part 5 of article 11 of this title relating to school performance reports; and

(II) Part 10 of article 7 of this title.

(b) "Accountable education reform" includes any program or plan for improving teacher quality.

(c) "Accountable education reform" includes any program for improving student academic achievement that conforms with the requirements of federal programs related to student achievement.

(3) "Accountable programs to meet state academic standards" include, but are not limited to, programs designed to assist students in demonstrating improved academic achievement on state assessments administered pursuant to section 22-7-1006.3. "Accountable programs to meet state academic standards" include, but are not limited to, programs:

(a) For the purchase of additional or improved textbooks;

(b) To provide incentives to increase parental involvement;

(c) To improve literacy; or

(d) To provide assistance with English language proficiency beyond what is currently provided pursuant to the English language proficiency program established pursuant to section 22-24-104.

(4) "Categorical programs" includes only the following programs:

(a) Public school transportation as described in article 51 of this title;

(b) The English language proficiency program created in section 22-24-104;

(c) The expelled and at-risk student services grant program created in section 22-33-205;

(d) Special education programs for children with disabilities as described in article 20 of this title;

(e) Special education programs for gifted children as described in article 20 of this title;

(f) The grant program for in-school or in-home suspension described in article 37 of this title;

(g) Career and technical education as described in part 1 of article 8 of title 23;

(h) Small attendance centers for which state aid is available pursuant to section 22-54-122;

(i) The comprehensive health education program created in section 22-25-104; and

(j) Other current and future accountable programs specifically identified in statute as a categorical program.

(5) "Department" means the department of education created and existing pursuant to section 24-1-115, C.R.S.

(6) "Federal taxable income, as modified by law" means federal taxable income as modified by sections 39-22-104, 39-22-304, 39-22-509, and 39-22-518, and as apportioned and allocated under section 39-22-303.5, 39-22-303.6, or 39-22-303.7 to the extent federal taxable income is not being modified to effectuate a refund of excess state revenues required pursuant to section 20 of article X of the state constitution, earned on or after December 28, 2000.

(7) "Inflation" means the percentage change in the consumer price index for the Denver-Boulder consolidated metropolitan statistical area for all urban consumers, all goods, as published by the United States department of labor, bureau of labor statistics, or its successor index.

(8) (Deleted by amendment, L. 2009, (SB 09-292), ch. 1965, p. 1965, § 67, effective August 5, 2009.)

(9) "Performance incentives for teachers" include, but are not limited to, programs that:

(a) Promote teacher retention;

(b) Promote teacher recruitment;

(c) Promote teacher use of technology; or

(d) Provide salary incentives based in whole or in part on student performance.

(10) "Preschool programs" includes, but is not limited to, the Colorado preschool program created pursuant to section 22-28-104, as it exists prior to July 1, 2023, and the Colorado universal preschool program created in part 2 of article 4 of title 26.5.

(11) "State board" means the state board of education created and existing pursuant to section 1 (1) of article IX of the state constitution.

(12) "State education fund" means the state education fund created pursuant to section 17 (4) of article IX of the state constitution and section 22-55-103.

(13) "State education fund revenues" means revenues collected from a tax of one-third of one percent on federal taxable income, as modified by law, of every individual, estate, trust, and corporation, as defined in law, that are required to be transferred to the state education fund pursuant to section 17 (4)(a) of article IX of the state constitution.

(14)"Statewide base per pupil funding" means the amount specified for each budget year in article 54 of this title 22.

(15) "Statutory limitation on general fund appropriations" means the limitation on annual general fund appropriations set forth in section 24-75-201.1, C.R.S.

(16) "Student safety" includes, but is not limited to, any plan, program, or project designed to improve the safety of the physical environment of preschool through twelfth-grade students while on property owned or under the control of the school district.

(17) "Technology education" includes, but is not limited to, any plan, program, or project designed to enhance the computer and telecommunication skills of preschool through twelfth-grade students and teachers or improve instruction through technology application.

(18)"Total program" or "total program education funding" means a district's total program as determined pursuant to article 54 of this title 22.

(19) "Total state funding for all categorical programs" means the aggregate amount of state funding for all categorical programs in any given fiscal year, including any adjustments made to said funding through the enactment of a supplemental appropriation bill or bills for that fiscal year.

C.R.S. § 22-55-102

Amended by 2024 Ch. 236,§ 56, eff. 5/23/2024.

Amended by 2022 Ch. 123, § 15, eff. 7/1/2022.

Amended by 2021 Ch. 308, § 10, eff. 6/23/2021.

Amended by 2019 Ch. 390, § 20, eff. 8/2/2019.

Amended by 2015 Ch. 204, § 38, eff. 5/20/2015.

L. 2001: Entire article added, p. 675, § 1, effective May 30; entire article added, p. 573, § 1, effective May 30; entire article added, p. 992, § 1, effective June 5. L. 2003: (8) amended, p. 2138, § 38, effective May 22. L. 2006: (8) and (10) amended, p. 699, § 45, effective April 28. L. 2008: (6) amended, p. 953, § 1, effective 1/1/2009. L. 2009: (1), IP(2)(a), and (2)(a)(I) amended, (SB 09-163), ch. 1545, p. 1545, § 52, effective May 21; (15) amended, (SB 09-228), ch. 2256, p. 2256, § 3, effective July 1; (8) and (10) amended, (SB 09-292), ch. 1965, p. 1965, § 67, effective August 5. L. 2010: (4)(g) amended, (SB 10-062), ch. 591, p. 591, § 1, effective April 29. L. 2015: (1)(b), (2)(a)(II), and IP(3) amended, (HB 15-1323), ch. 726, p. 726, § 38, effective May 20. L. 2019: (6) amended, (SB 19-241), ch. 3467, p. 3467, § 20, effective August 2. L. 2021: IP and (4)(g) amended, (HB 21-1264), ch. 1875, p. 1875, § 10, effective June 23.

(1) Provisions of this section, as enacted by Senate Bill 01-082, Senate Bill 01-204, and House Bill 01-1262, have been renumbered and harmonized.

(2) Section 20 of chapter 308 (HB 21-1264), Session Laws of Colorado 2021, provides that the act changing this section takes effect only if SB 21-288 becomes law and takes effect either upon the effective date of HB 21-1264 or SB 21-288, whichever is later. SB 21-288 became law and took effect June 11, 2021, and HB 21-1264 took effect June 23, 2021.

For the legislative declaration in HB 21-1264, see section 2 of chapter 308, Session Laws of Colorado 2021.